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Home arrow News arrow Law arrow Wampanoag embroiled in a battle over fishing
Wampanoag embroiled in a battle over fishing
This week, having previously pressed criminal charges against the warden, David Greene, a member of the Mashpee Wampanoag tribe, filed a lawsuit in Plymouth Superior Court, arguing that Kenneth Pacheco, the former deputy shellfish warden of Mattapoisett, and the town violated his right to fish “without interference, obstruction, or regulation by any governmental authority other than the sovereign Wampanoag Tribe.’’
 

In 1999, four years after Greene was convicted of violating shellfish regulations in Bourne, the Supreme Judicial Court affirmed a ruling by the Massachusetts Appeals Court, which overturned his conviction and found that Greene, as a Wampanoag, possessed “aboriginal rights to fish even in the absence of treaty protection,’’ according to the lawsuit.

Michael Gagne, administrator of Mattapoisett, said the town requires those fishing in its waters to obtain licenses that regulate the number of clams they can catch, their size, where and when they seek them, and what methods they use.

“The criteria we use tries to encourage the perpetuation of the stock, so people can continue to enjoy them for years to come,’’ he said.

Read the complete story from The Boston Globe.

 

 

 

 

 

 

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HASTINGS: Time to improve the Endangered Species Act

May 18, 2012 - When the Endangered Species Act (ESA) was signed into law in 1973 by President Nixon, he spoke about the importance of preserving “the rich array of animal life with which our country has been blessed.” I believe that goal is as important today as it was back then. However, after nearly 40 years, it’s time to take a fresh, honest look at the law and consider whether there are ways it could be improved to do a better job of protecting and recovering species.